Karen Kadish  //  10/9/18  //  Daily Update

Judge Brett Kavanaugh was confirmed as an associate justice of the Supreme Court on Saturday, in a remarkably close vote in the Senate. President Trump says that he does not plan to remove Deputy Attorney General Rod Rosenstein, saying “I actually have a good relationship other than there’s been no collusion.” A Trump campaign official sought information on how to create fake social-media profiles and use social-media manipulation to help win the 2016 presidential election. Changes on the DOJ website show a shift towards a punitive approach toward juveniles. New DOJ indictments against Russian officials show the connection between international sports and the Russian government’s strategic objectives in asserting national power.

SUPREME COURT APPOINTMENT OF BRETT KAVANAUGH

Judge Brett Kavanaugh was confirmed as an associate justice of the Supreme Court on Saturday, in a remarkably close vote in the Senate (WSJ; NYT; WaPo; LA Times).

• The Kavanaugh hearings and ultimately his confirmation taint notions of judicial independence and the Supreme Court’s non-partisan reputation, write Tom Ginsburg and Aziz Huq at Take Care Blog.
• There is a more general concern that the appointment of Judge Kavanaugh will impact the perceived legitimacy of the Supreme Court, especially because of the massive protests against Kavanaugh’s appointment (NYT; WSJ; WaPo).
• Some of the partisan politics regarding Judge Kavanaugh’s nomination was directed at the FBI investigation of allegations of sexual misconduct that were levied against Mr. Kavanaugh (WaPo).
• Many members of the legal community, including over 2,400 law professors, have spoken out against Judge Kavanaugh’s appointment (NYT; Balkinization).
• Democrats are now considering what political moves they can take in response to Judge Kavanaugh’s confirmation (Slate; NBC; NYT).
• Judge Kavanaugh’s appointment and the allegations from his past are part of a larger story of power, influence, and the political capital needed to attain a Supreme Court position, write Marc Fisher, Ann E. Marimow, and Michael Kranish at The Washington Post.

TRUMP: INVESTIGATION AND LITIGATION

President Trump says that he does not plan to remove Deputy Attorney General Rod Rosenstein, saying “I actually have a good relationship other than there’s been no collusion.” (NYT).

IMMIGRATION

A district court issued an injunction stopping the Trump Administration’s termination of Temporary Protected Status for immigrants from El Salvador, Nicaragua, Haiti, and Sudan (Immigration Prof Blog).

CIVIL RIGHTS

Changes on the DOJ website show a shift towards a punitive approach toward juveniles, writes Jon Campbell at Sunlight Foundation.

DEMOCRACY 

A Trump campaign official sought information on how to create fake social-media profiles and use social-media manipulation to help win the 2016 presidential election, report Mark Mazzetti, Ronen Bergman, David D. Kirkpatrick, and Maggie Haberman at The New York Times.

JUSTICE & SAFETY

New DOJ indictments against Russian officials show the connection between international sports and the Russian government’s strategic objectives in asserting national power, writes Megan Reiss at Lawfare.

On Thursday, Vice President Mike Pence gave a 40-minute speech criticizing China for a host of political, economic, and human-rights infractions. This speech is indicative of the tension between the Trump administration and the Chinese government (WSJ). 

There was also a public confrontation between Secretary of State Mike Pompeo and Chinese foreign Minister Wang Yi in Beijing, with Foreign Minister Wang accusing the United States of escalating trade friction and unjustifiably criticizing Chinese policies (WSJ).

South Korean foreign minister, Kang Kyung-wha spoke about South Korea’s perspective on North Korean negotiations, the role of the United States in North Korean denuclearization, and South Korea’s hopes with regards to the relationship between North and South Korea (WaPo).

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